On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 24/08/2012.
PART VII
THE CHARGE
123.
—(1) Every charge under this Code must state the offence with which the accused is charged.
(2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3) If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4) The provision of the law against which the offence is said to have been committed must be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.
(6) If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed.
Illustrations
(a)
A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder in section 300 of the Penal Code (Cap. 224); that he did not come within any of the general exceptions in Chapter IV of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.
(b)
A is charged under section 326 of the Penal Code with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter IV of that Code did not apply to it.
(c)
A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code, that A committed murder or cheating or theft or extortion or criminal intimidation or that he used a false property mark, but the charge must refer to the section under which each offence is punishable.
(d)
A is charged under section 184 of the Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
(7) All charges upon which persons are tried before the High Court shall be —
(a)
in accordance with the prescribed form;
(b)
brought in the name of the Public Prosecutor; and
(c)
signed by the Public Prosecutor or by some person authorised by him in that behalf and in the latter case, the words “By authority of the Public Prosecutor” shall be prefixed to the signature.
124.
—(1) The charge must contain details of the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of what he is charged with.
(2) If the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify —
(a)
the gross sum in respect of which the offence is alleged to have been committed; and
(b)
the dates between which the offence is alleged to have been committed, which period shall not exceed 12 months,
without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence.
125. If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what he is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.
Illustrations
(a)
A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected.
(b)
A is accused of cheating B at a given time and place. The charge must state how A cheated B.
(c)
A is accused of giving false evidence at a given time and place. The charge must state that portion of A’s evidence that is alleged to be false.
(d)
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must state how A obstructed B in discharging his functions.
(e)
A is accused of the murder of B at a given time and place. The charge need not state how A murdered B.
(f)
A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.
126. In every charge, words used to describe an offence shall be deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.
127. No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details shall be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission.
Illustrations
(a)
A is charged under section 242 of the Penal Code (Cap. 224) with “having been in possession of a counterfeit coin having known at the time when he became possessed of it that the coin was counterfeit”, but the word “fraudulently” is omitted from the charge. Only if A was actually misled by this omission may the error be regarded as material.
(b)
A is charged with cheating B. How he cheated B is not stated in the charge or is stated incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The court may infer from this that omitting to state, or stating incorrectly, how B was cheated is not a material error.
(c)
A is charged with cheating B. How he cheated B is not stated in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from those facts that omitting to state how B was cheated was a material error.
(d)
A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck, who tried to arrest him for that murder, on 6 June 1996. While charged with murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The witnesses present in his defence were witnesses in the case of Tan Ah Teck. The court may infer from this that A was misled and that the error was material.
129.
—(1) If a charge is altered or a new charge framed under section 128, the court must immediately call on the accused to enter his plea and to state whether he is ready to be tried on this altered or new charge.
(2) If the accused declares that he is not ready, the court must duly consider any reason he gives.
(3) If the court thinks that proceeding immediately with the trial is unlikely to prejudice the accused’s defence or the prosecutor’s conduct of the case, then it may proceed with the trial.
(4) If the court thinks otherwise, then it may direct a new trial or adjourn the trial for as long as necessary.
130.
—(1) If the offence stated in the altered or new charge is one that requires the Public Prosecutor’s consent under section 10(1), then the trial must not proceed before the consent is obtained, unless it has already been obtained for a prosecution on the same facts as those on which the altered or new charge is based.
(2) If consent for the prosecution is or has been obtained, all evidence previously admitted by the court in the trial shall be deemed to have been admitted in evidence in the trial of the altered or new charge.
131. If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re-summon and examine any witness who may have been examined, with reference to the altered or newly framed charge only, unless the court thinks that the application is frivolous or vexatious or is meant to cause delay or to frustrate justice.
132.
—(1) For every distinct offence of which any person is accused, there must be a separate charge and, subject to subsection (2), every charge must be tried separately.
(2) Subsection (1) does not apply —
(b)
to charges to which the accused pleads guilty; or
(c)
to charges which the accused and the prosecutor consent to be taken into consideration under section 148.
Illustration
A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. However, he does not need to be separately tried if he pleads guilty to both charges or if he pleads guilty to one charge and consents to the other charge being taken into consideration under section 148.
133. When a person is accused of 2 or more offences, he may be charged with and tried at one trial for any number of those offences if the offences form or are a part of a series of offences of the same or a similar character.
134. If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then he may be charged with and tried at one trial for every such offence.
Illustrations
The separate charges referred to in illustrations (a) to (g) below respectively may be tried at one trial.
(a)
A rescues B, a person in lawful custody, and in doing so causes grievous hurt to C, a constable in whose custody B was. A may be separately charged with offences under sections 225 and 333 of the Penal Code (Cap. 224).
(b)
A has in his possession several seals that he knows to be counterfeit and intends to use them to commit forgeries punishable under section 466 of the Penal Code. A may be separately charged with the possession of each seal under section 473 of the Penal Code.
(c)
Intending to cause injury to B, A begins a criminal proceeding against him knowing that there is no just or lawful basis for the proceeding; and also falsely accuses B of having committed an offence knowing there is no just or lawful basis for the charge. A may be separately charged with 2 offences under section 211 of the Penal Code.
(d)
Intending to cause injury to B, A falsely accuses him of having committed an offence knowing that there is no just or lawful basis for the charge. At the trial A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with offences under sections 211 and 194 of the Penal Code.
(e)
A, with 6 others, commits the offences of rioting, causing grievous hurt and assaulting a public servant trying to suppress the riot in the discharge of his duty. A may be separately charged with offences under sections 145, 325 and 152 of the Penal Code.
(f)
A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with each of the 3 offences under section 506 of the Penal Code.
(g)
A locks B and C in a room and then sets fire to that room, intending thereby to cause their deaths. A may be separately charged with each of the 2 offences under section 302 of the Penal Code.
135. If the alleged acts constitute an offence falling within 2 or more separate definitions of any law by which offences are defined or punished, then the person accused of them may be charged with and tried at one trial for each of those offences.
Illustrations
The separate charges referred to in illustrations (a) to (d) below respectively may be tried at one trial.
(a)
A wrongfully strikes B with a cane. A may be separately charged with offences under sections 352 and 323 of the Penal Code (Cap. 224).
(b)
Several stolen sacks of rice are passed to A and B, who know they are stolen property, so they can conceal them. A and B then voluntarily help each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with offences under sections 411 and 414 of the Penal Code.
(c)
A exposes her child with the knowledge that by doing so she is likely to cause its death. The child dies as a result. A may be separately charged with offences under sections 317 and 304 of the Penal Code.
(d)
A dishonestly uses a forged document as evidence to convict B, a public servant, of an offence under section 167 of the Penal Code. A may be separately charged with offences under sections 471 (read with section 466) and 196 of the Penal Code.
136. If several acts of which one or more than one would by itself or themselves constitute an offence but when combined constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined or for any offence constituted by any one or more of those acts.
Illustration
A robs B, and in doing so voluntarily hurts him. A may be separately charged with offences under sections 323, 392 and 394 of the Penal Code and he may be tried at one trial for those offences.
Sections 134, 135 and 136 not to affect section 308
138. If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or he may be charged in the alternative with any one of those offences.
Illustrations
(a)
A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating.
(b)
A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.
139. If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under that section, he may be convicted of the offence that he is shown to have committed although he was not charged with it.
Illustration
A is charged with theft. In evidence it appears that he committed the offence of criminal breach of trust or of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods, as the case may be, although he was not charged with that offence.
140. When the accused is charged with an offence, he may be convicted of having attempted to commit it or of having abetted its commission, although neither the attempt nor the abetment is separately charged.
141.
—(1) If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the lesser offence although he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a lesser offence, he may be convicted of the lesser offence although he is not charged with it.
Illustrations
(a)
A is charged under section 407 of the Penal Code (Cap. 224) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 406 of the Penal Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406 of the Penal Code.
(b)
A is charged under section 325 of the Penal Code with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of the Penal Code.
Where court finds offence referred to in section 10 proved
142. Where the court makes a finding under section 139 or 141 that any offence referred to in section 10(1) has been proved, the court may only pronounce a conviction if the consent of the Public Prosecutor is obtained.
143. The following persons may be charged and tried together or separately:
(a)
persons accused of the same offence committed in the same transaction;
(b)
persons accused of different offences committed in the same transaction;
(c)
persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character;
(d)
a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence;
(e)
persons accused of offences under sections 411 and 414 of the Penal Code (Cap. 224), or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating;
(f)
a person accused of any offence under Chapter XII of the Penal Code relating to a counterfeit coin, and a person accused of any other offence under that Chapter relating to the same coin;
(g)
a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence.
Illustrations
(a)
A and B are accused of the same murder. A and B may be charged and tried together for the murder.
(b)
A and B are accused of a robbery during which A commits a murder with which B has nothing to do. A and B may be tried together, where both will be tried for robbery and A tried also for the murder.
(c)
A and B are both charged with a theft and B is charged with 2 other thefts he committed during the same transaction. A and B may both be tried together, where both will be tried for the one theft and B alone for the 2 other thefts.
(d)
A commits theft of a computer. B, knowing that the computer was stolen, receives it from A. B then passes it to C who, knowing that the computer was stolen, disposes of it. A, B and C may all be tried together.
(e)
A and B are accused of giving false evidence in the same proceedings. They should be charged and tried separately.
144. Notwithstanding section 143, a person may be separately charged and tried together with any other person accused of another offence under the same written law, if both offences arise from the same series of acts, whether or not they form the same transaction.
Illustrations
(a)
A agrees to let B keep his benefits of drug trafficking in A’s bank account to avoid detection. A and B may be separately charged and tried together for offences under sections 43(1)(a) and 46(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) respectively as the offences arise from the same series of acts.
(b)
A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B sells 5 grams to C. A, B and C may be separately charged and tried together for offences under section 5(1)(a) of the Misuse of Drugs Act (Cap. 185) as the offences arise from the same series of acts.
(c)
A has in his possession a secret official code word which has been entrusted in confidence to him by a person holding office under the Government and fails to take reasonable care of the secrecy of the information. As a result of A’s failure, B comes into possession of the secret official code word and retains it for a purpose prejudicial to the safety of Singapore when he has no right to retain it. A and B may be separately charged and tried together for offences under sections 5(1)(d)(iv) and 6(2)(a) of the Official Secrets Act (Cap. 213) respectively as the offences arise from the same series of acts.
(d)
A gives B a gratification as an inducement for awarding a contract by B’s company to A. A and B may be separately charged and tried together for offences under section 6(b) and (a) of the Prevention of Corruption Act (Cap. 241) respectively as the offences arise from the same series of acts.
(e)
Members of opposing factions in an unlawful assembly or a riot may be separately charged and tried jointly as the offence of unlawful assembly or rioting arises from the same series of acts.
145.
—(1) A court may try offences together at one trial or order a joint trial notwithstanding that it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if —
(a)
in a case where an accused is charged with 2 or more offences, the Public Prosecutor and the accused consent to have all such offences tried together;
(b)
in a case where 2 or more persons are charged with separate offences, the Public Prosecutor and all such persons consent to a joint trial.
(2) Notwithstanding subsection (1), the court shall not try offences together or order a joint trial in relation to a person who had earlier given consent under that subsection if —
(a)
at the time when the consent is given, the person is not represented by an advocate; and
(b)
at the time of the trial, that person objects to the court trying the offences together or to the joint trial.
146. Notwithstanding any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in his defence because —
(a)
he is charged with and tried at one trial for more than one offence under section 133, 134, 135, 136 or 145(1)(a); or
(b)
he is charged with and tried at one trial with one or more other co-accused under section 143, 144 or 145(1)(b),
the court may order that he be charged and tried separately for any one or more of the offences.
147.
—(1) Where 2 or more charges are made against the same person and he has been convicted on one or more of them, the prosecution may, with the consent of the court, withdraw the remaining charge or any of the remaining charges.
(2) Such withdrawal shall have the effect of an acquittal on the remaining charge or charges withdrawn unless the conviction is set aside.
(3) Where a conviction is set aside under subsection (2), and subject to any order of the court setting aside the conviction, the court may proceed with the trial of the charge or charges previously withdrawn.
148.
—(1) If the accused is found guilty of an offence in any criminal proceedings begun by or on behalf of the Public Prosecutor, the court in determining and passing sentence may, with the consent of the prosecution and the accused, take into consideration any other outstanding offences that the accused admits to have committed.
(2) If the outstanding offences referred to in subsection (1) were not begun by or on behalf of the Public Prosecutor, the court must first be satisfied that the person or authority by whom those proceedings were begun consents to that course of action.
(3) The High Court may, under subsection (1), take into consideration any outstanding offences an accused admits to have committed when passing sentence, notwithstanding that no committal hearing under Division 2 of Part X or no transmission proceedings under Division 5 of Part X have been held in respect of those outstanding offences.
(4) When consent is given under subsection (1) or (2) and any outstanding offences are taken into consideration in determining and passing sentence, such fact must be entered in the court’s record.
(5) After being sentenced, the accused may not, unless his conviction for the original offence under subsection (1) is set aside, be charged or tried for any such offence that the court had taken into consideration under this section.